Amendment to statute – retrospective effect?

By Vijay Kumar

The issue is as old as law itself. When the government makes an amendment why can’t it make clear that the amendment will have only prospective effect or otherwise? Why should every amendment reach the Supreme Court for it to decide whether the effect is only prospective?

The Supreme Court in a case we are reporting today suggested

Four factors relevant for deciding whether a statute would have retrospective effect:

1. general scope and purview of the statute;

2. the remedy sought to be applied;

3. the former state of the law; and

4. What it was the legislature contemplated.

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